Findings on the Worst Forms of Child Labor - Albania

Albania

Moderate Advancement

In 2015, Albania made a moderate advancement in efforts to eliminate the worst forms of child labor. The Government raised the minimum age at which children may participate in apprenticeship programs and light work to 15. The Government also issued a detailed instruction to national child protection stakeholders outlining each stakeholder’s role in child protection and the best practices for assisting vulnerable children. However, children in Albania are engaged in child labor, including in agriculture, and in the worst forms of child labor, including in forced begging. Enforcement of child labor laws remains challenging due to the limited number of inspectors in the State Inspectorate for Labor and Social Services and the General Directorate of State. In addition, programs to combat child labor are insufficient to adequately address the extent of the problem.

Children in Albania are engaged in child labor, including in agriculture.(1-5) Children are also engaged in the worst forms of child labor, including in forced begging.(2, 3, 5-7) In 2014, the Government supported the publication of the first national assessment of children living and working on the street in Albania.(3) The report showed that the most common forms of street work among these children are vending, begging, and busking. Ninety-six percent of children interviewed reported family income generation as their reason for engaging in street work.(3) Data also showed that 74.3 percent of street children belong to the Roma and Egyptian communities, indicating that a disproportionately high number of children working on the street belong to ethnic minority groups.(3) Table 1 provides key indicators on children’s work and education in Albania.

Table 1. Statistics on Children’s Work and Education

Working children, ages 5 to 14 (% and population):

4.6 (23,665)

Working children by sector, ages 5 to 14 (%)

Agriculture

87.5

Industry

2.9

Services

9.6

School attendance, ages 5 to 14 (%):

92.5

Children combining work and school, ages 7 to 14 (%):

5.2

Primary completion rate (%):

107.8

Source for primary completion rate: UNESCO Institute for Statistics, 2015.(8)Source for all other data: Understanding Children’s Work Project’s analysis of statistics from National Child Labor Survey (NCLS), 2010.(9)

Based on a review of available information, Table 2 provides an overview of children’s work by sector and activity.

* Evidence of this activity is limited and/or the extent of the problem is unknown.
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Albania is a source country for children trafficked abroad to neighboring countries such as Kosovo, Macedonia, and Montenegro, as well as to EU countries for commercial sexual exploitation and forced begging.(23, 24) In addition, internal child trafficking and forced begging has reportedly increased in recent years.(7, 23) Street children, especially those from ethnic Egyptian and Roma communities, are at the greatest risk of becoming victims of human trafficking.(2, 3, 16, 25, 26)

The majority of children engaged in child labor in Albania work in the agriculture sector. However, there is little information available about the specific work activities in which these children are engaged.(1-3, 16)

Sources report that due to an ongoing police campaign to end cannabis production, child labor in cannabis production has substantially decreased.(27) However, research found that, since the onset of the police campaign, cannabis cultivation has moved to remote mountain regions of the country that are less accessible to NGO and government monitoring. As a result, it is not clear whether child labor in the sector has ceased.(12)

Although the Constitution of the Republic of Albania and the Law on Pre-University Education guarantee free public education, children without birth certificates are unable to attend school.(5) Residency requirements continue to make it difficult for Roma and Egyptian families in particular to acquire birth registration for their children.(16, 23, 28) Lack of registration often prevents children in this community from accessing education and other social services.(14, 16, 28) Children from the Roma and Egyptian communities also experienced discrimination in schools, including being turned away from schools or physically separated from other children in the classroom.(5) Children who do not have access to education and other social services are at an increased risk of exploitation in child labor. In addition, the costs of books, uniforms, and classroom resources such as space heaters are prohibitive for low-income families.(5)

The Government has established laws and regulations related to child labor, including its worst forms (Table 4).

Table 4. Laws and Regulations Related to Child Labor

Standard

Yes/No

Age

Related Legislation

Minimum Age for Work

Yes

16

Article 98 of the Code of Labor; Article 22 of the Law for the Protection of the Rights of the Child (29, 30)

Minimum Age for Hazardous Work

Yes

18

Articles 98–101 of the Code of Labor; Article 22 of the Law for the Protection of the Rights of the Child (29, 30)

Prohibition of Hazardous Occupations or Activities for Children

Yes

Articles 99–101 of the Code of Labor; Decree of the Council of Ministers on Defining Hazardous and Hard Works; Decree of the Council of Ministers on the Protection of Minors at Work; Law on Occupational Safety and Health at Work (29, 31-34)

In 2015, the Government introduced amendments to the Labor Code that increased the age at which children may be employed in light work from 14 to 15, and established 15 as the age at which children may participate in an apprenticeship program.(40, 41) However, research did not find a corresponding update to the Decree of the Council of Ministers on the Protection of Minors at Work, which lists the minimum age for light work as 14.(33)

The law does not criminally prohibit the use, procuring, or offering of all children under 18 for illicit activities, including the production and trafficking of drugs. Article 129 of the Penal Code only criminally prohibits inducing or encouraging children under 14 to participate in criminality.(29)

General Directorate of State Police and Regional Police Directorates under the Ministry of Interior

Enforce all laws, including child labor and child trafficking laws.(4) Each Regional Police Directorate has an officer designated to child protection, as well as an Illicit Trafficking section that investigates cases of child trafficking. The General Directorate of State Police coordinates the work of child protection officers and Illicit Trafficking sections at the regional level.(4)

Monitor the situation of high-risk children and families at the regional level, coordinate protection and referral activities by Child Protection Units (CPUs) at the local level, and manage cases of children whose needs cannot be met by CPUs due to lack of CPU capacity or lack of a CPU in a given municipality.(44, 45)

Child Protection Units (CPUs)

Identify children at risk, take case referrals from enforcement agencies, and conduct initial evaluations of each case at the municipal level. Manage cases of at-risk children and refer them to appropriate social services.(2, 45-47)

* Agency responsible for child labor enforcement was created during the reporting period.

There are currently 12 Child Rights Units (CRUs) and 202 Child Protection Units (CPUs) in Albania.(41) These institutions managed 1,116 cases of street children through September 2015, including 441 new cases.(41) CPUs are generally staffed by only one individual, and a majority of CPU staff are not able to focus on child protection issues full-time.(4, 28) Additionally, CPUs and CRUs often receive inadequate funding for child protection, and the Ombudsman has noted that the effectiveness of these units is often low.(2, 6, 43, 48) Instruction No. 10 on Cooperation and Intervention Procedures for Assisting Vulnerable Children for Institutions and Structures in Charge of Child Protection was issued in February 2015 to address the issue.(45) The Instruction requires municipal governments to allocate sufficient funds to allow CPUs to employ at least one social worker who focuses on children’s rights. However, it is not clear whether this requirement will be effective in increasing CPUs’ overall funding.(45)

In 2015, the State Labor Inspectorate gained the additional responsibility of monitoring the quality of social services provided to vulnerable Albanians and was renamed the State Inspectorate for Labor and Social Services (SLISS). The agency’s labor inspection function has not been affected by this change.(4)

Labor Law Enforcement

In 2015, labor law enforcement agencies in Albania took actions to combat child labor, including its worst forms (Table 6).

The SILSS does not inspect for child labor violations unless it has received a specific complaint. Inadequate staffing levels contributed to the inability of the SILSS to conduct routine targeted inspections for child labor.(4) In addition, a lack of adequate funding, office space, transportation, and training compromises the quality of inspections and the ability of the SILSS to fulfill its mandate.(4, 6)

In 2015, all 16 child labor law violations uncovered by the SILSS involved the business’s failure to register child workers with the tax office. In practice, the SILSS gives the business the opportunity to become compliant with the law before assessing the penalty.(4) Since the violations were discovered, 11 of the businesses have registered child workers with the tax office, and the remaining 5 businesses are taking steps to do so.(4)

Although there is no evidence of formal referral mechanisms, a source reported that child laborers discovered during the course of investigations are referred to social services. However, no children were referred to social services by the SILSS during 2015.(4)

Criminal Law Enforcement

In 2015, criminal law enforcement agencies in Albania took actions to combat the worst forms of child labor (Table 7).

In 2015, 16 law enforcement officers were dedicated to crimes involving minors, including 3 police officers at the General Directorate of State Police and 13 officers in the 12 Regional Directorates.(4, 41) The number of police officers dedicated to child protection was inadequate to address the scope of the problem.(6) However, all 110 police officers across the country address cases involving minors as part of their regular duties.(4, 41)

During the reporting period, police investigated 6 cases of child exploitation for the purposes of begging, involving 14 children. All children discovered during the course of the investigation were referred to CPUs and State Social Services.(4)

Given the scope of the problem, the number of investigations and prosecutions of child trafficking are inadequate. Some NGOs also report that laws prohibiting the production and possession of child pornography are rarely enforced.(5)

In 2015, prosecutors, judges, and police officers attended trainings on legal standards for working with children in the justice system, protocol for investigating and prosecuting criminal offenses involving children, and standards for the protection of victims and witnesses in cases of child sexual abuse.(4, 41)

The Government has established mechanisms to coordinate its efforts to address child labor, including its worst forms (Table 8).

Table 8. Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

State Agency for the Protection of Children’s Rights

Oversee implementation of the Government’s child rights protection policies.(4) Develop methodological guidelines for child protection and provide technical assistance and training to CRUs and CPUs. Sanction individuals or institutions that fail to protect children from violence and exploitation through inaction or misconduct.(45)

National Referral Mechanism

Coordinate the identification, protection, referral, and rehabilitation of trafficking victims between Government and civil society organizations. Chaired by the Office of the National Coordinator for the Fight Against Trafficking in Human Beings (ONAC).(23)

Office of the National Coordinator for the Fight Against Trafficking in Human Beings (ONAC)

Coordinate all anti‑human trafficking efforts in Albania. Serve as chair of the State Committee Against Trafficking in Persons, a deputy minister-level working group that establishes the Government’s policy on combating human trafficking. Oversee 12 regional anti-human trafficking committees that carry out local action plans in cooperation with civil society partners.(43) ONAC continued to receive funding in 2015, after receiving its own budget for the first time in 2014.(37)

In October 2015, the Ministry of Interior, the State Police, and the SILSS signed a memorandum of cooperation on identification of cases of labor exploitation and labor trafficking.(41)

In December 2015, the Office of the National Coordinator, the Office of the General Prosecutor, and the General Directorate of State Police signed a memorandum of understanding enabling interagency cooperation in the analysis of child trafficking cases and the identification of legal gaps in current anti-trafficking legislation.(4)

The Government of Albania has established policies related to child labor, including its worst forms (Table 9).

Table 9. Policies Related to Child Labor

Policy

Description

Action Plan for Children
(2012–2015)

Promotes development of comprehensive interagency child protection policies and encourages capacity building of institutions designed to monitor and protect children’s rights. Includes a strategic objective on protecting children from the worst forms of child labor through strengthening prevention measures and increasing the SLISS’s role in preventing child labor.(14)

Instruction No. 10 on Cooperation and Intervention Procedures for Assisting Vulnerable Children for Institutions and Structures in Charge of Child Protection†

Outlines the child protection responsibilities of the State Police, Ministry of Education, Regional Directorates of Social Service, Regional Departments of Education, schools, municipal governments, CRUs, and CPUs.(45) Requires all agencies to refer known and suspected cases of child abuse and exploitation to CPUs. Outlines principles for case management and evaluation.(45)

Action Plan for the Identification and Protection of Children in Street Situations (2015–2017)†

Aims to protect children from exploitation, abuse, and neglect using a coordinated approach involving all stakeholders.(41) Defines the roles and responsibilities in identifying and providing assistance to street children, including children working on the street, of the Ministry of Social Welfare and Youth, Ministry of Interior, Ministry of Education, Ministry of Health, relevant NGOs, and international organizations.(4)

White Paper on the Future of the Integrated Child Protection System in Albania†

Clarifies the roles and responsibilities of all government agencies involved in child protection and makes policy recommendations on ensuring government accountability in the sphere of child protection, providing effective child protection and response mechanisms, and creating a child-friendly justice system.(4)

Albanian Roadmap for Achieving the Elimination of the Worst Forms of Child Labor by 2016

Outlines a plan to eliminate the worst forms of child labor in Albania by 2016 with a focus on adequate legislation; effective law enforcement; accessible, quality education; accessible social protection for vulnerable families; promotion of youth employment; and formalization of the informal economy.(49)

Strategy for Combating Trafficking in Persons and Action Plan (2014–2017)

Outlines plan to improve law enforcement, build the capacity of social services programs that provide services to victims, and improve interagency coordination. Includes the goals of increasing successful prosecutions for child trafficking and increasing the sensitivity of the investigation and prosecution processes to fit the needs of child victims.(50) Facilitates the provision of services to vulnerable children and families, as well as training of professionals who work with street children.(37, 41)

National Action Plan for the Decade of Roma Inclusion, (2005–2015)

Objectives include monitoring cases of child labor exploitation in the Roma community, establishing shelters and day schools for street children, and improving birth registration and access to education for Roma children.(51)

In 2015, the Government of Albania funded and participated in programs that include the goal of eliminating or preventing child labor, including its worst forms (Table 10).

Table 10. Social Programs to Address Child Labor

Program

Description

UN Support to Social Inclusion (2012–2016)

UN program that works with several government ministries to improve implementation of social inclusion by developing informed policies and strengthening institutions.(52)

National Anti-Trafficking Month*†

Month-long ONAC-funded awareness-raising program. Includes direct outreach to schools and communities, as well as various forms of public service announcements.(4) In 2015, this program was created as an expansion on the previously existing National Anti-Trafficking Week.(4)

Trafficking in Persons Helpline and Report and Save Mobile App

ONAC projects, supported by USAID, UNODC, World Vision, and the Vodafone Albania Foundation, to provide services for victims of crime and improve prevention of trafficking in persons. Includes a national hotline for trafficking in persons victims and the mobile application “Report and Save,” which serves as a public awareness-raising tool and allows citizens to report suspected human trafficking cases and access information on victim assistance.(23)

Albania-UN Program of Cooperation (2012–2016)

UN program focuses on four thematic areas within the Government and civil society: governance and rule of law, economy and environment, regional and local development, and inclusive social policy.(53) Includes goals such as increased access to education for vulnerable children and increased protections for victims of child trafficking.(54)

National Emergency Transition Center†

Government-run center established to provide vulnerable families with temporary housing, health, psychosocial and educational services, legal assistance, vocational education programs, and employment placement assistance. Currently houses 53 Roma families, including 112 children.(6) Beneficiaries include children at risk of street begging. To receive benefits, families must keep their children enrolled in school.(2) Currently 53 families, including 80 children from the Roma community, are living in the shelter.(41)

National Reception Center for Victims of Trafficking†

Government-funded, high-security national shelter under the supervision of the Directorate General of State Social Service. Provides shelter and access to social services for human trafficking victims identified in Albania.(55)

Child Allowance Program (Ndihma Ekonomike)†

$46 million government-funded cash transfer program that provides a child allowance for families already benefiting from economic aid through Albania’s Law on Social Assistance and Services. Child allowance payments to eligible families are deemed too low to significantly reduce the number of children living in poverty, and therefore are unlikely to have an impact on reducing child labor.(6)

Decent Work Country Program
(2012–2015)

ILO technical assistance project detailing the policies, strategies, and results required to realize progress toward the goal of decent work for all. Outcomes include strengthening the effectiveness and quality of labor inspection systems, enhancing the capacity of policymakers to address informal and vulnerable employment of young people, and ensuring that labor laws better adhere to international labor standards, including those on the worst forms of child labor.(56)

World Day Against Child Labor*†

Awareness-raising campaign coordinated by the State Agency for the Protection of the Rights of the Child in cooperation with the OSCE, USAID, and NGO partners. Awareness-raising materials, including leaflets and T-shirts, were distributed to 100 schools, and success stories of children who have been removed from the street and provided social services were featured on television and social media.(41)

* Program was launched during the reporting period.
† Program is funded by the Government of Albania.

Civil society organizations, rather than government organizations, generally provide social services for children engaged in the worst forms of child labor. However, these civil society organizations often lack well-trained staff and coordination with other protection services, especially at the local level.(2, 48, 57, 58) The National Reception Center for Victims of Trafficking lacked proper resources for victim reintegration services such as education, psychological support, and vocational training. Additionally, the Government did not provide sufficient financial assistance to the NGO-run shelters in Albania.(23)

Although Albania has implemented programs to assist street children and victims of child trafficking, research found no evidence that it has carried out programs to assist children in agriculture, construction, and mining, or children used in illicit activities.

8. UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary. Total. [accessed December 16, 2015] http://data.uis.unesco.org/. Data provided is the gross intake ratio to the last grade of primary school. This measure is a proxy measure for primary completion. This ratio is the total number of new entrants in the last grade of primary education, regardless of age, expressed as a percentage of the population at the theoretical entrance age to the last grade of primary. A high ratio indicates a high degree of current primary education completion. Because the calculation includes all new entrants to last grade (regardless of age), the ratio can exceed 100 percent, due to over-aged and under-aged children who enter primary school late/early and/or repeat grades. For more information, please see the “Children's Work and Education Statistics: Sources and Definitions” section of this report.